Posted On: May 5, 2011 by New York Personal Injury Attorney

The Basics of Social Security Disability Benefits for New York Residents

If a New York resident under 65 years of age can no longer work any job due to a disability, they have the option of applying for Social Security disability benefits. To qualify for monthly Social Security Disability Income/Insurance (SSDI) benefits, a person has to have held an occupation covered by Social Security and have sustained a medical condition that the Social Security Administration (SSA) considers a disability. The SSA has very specific definitions for the aforementioned requirements, however, and attempting to understand every aspect of these requirements can become very difficult and burdensome. If you have become disabled and cannot work, speaking to an experienced New York Social Security Disability attorney can help you understand all requirements before applying for Social Security disability benefits in New York.

Before speaking with an attorney, however, it is important to have a basic knowledge of SSA defined qualifications to qualify for these benefits. According to the SSA website, a person may apply for SSDI benefits if they have a physical or mental condition that prevents them from working their current job, or any former occupation; their condition is expected to last at least 1 year, or result in death; they are under 65 years of age; and, generally, they have worked at least 5 out of the last 10 years as of the “start date” of the disability, although age affects the required years worked.

If your disability is the result of a workplace accident in New York, you may still file for workers’ compensation benefits; however, receiving workers’ compensation or other public disability benefits affect your Social Security disability benefits. The total of these benefits cannot exceed 80 percent of your average earnings before your disability.

The information provided here is unfortunately the tip of the iceberg as there are more specific qualifications to the aforementioned requirements. If you have become disabled and cannot earn a living, it is essential that you act immediately. You do not have the time to dissect the SSA’s requirements. The experienced New York Social Security disability lawyers at Wingate, Russotti & Shapiro understand the importance of being able to provide for yourself and your family. We can help you get the benefits you deserve when you need them. Call us today for a free consultation at 1-212-222-4336.